IUS COMMUNE AND CROATIAN PROPERTY LAW
IUS COMMUNE AND CROATIAN PROPERTY LAW

Summary/Abstract: The purpose of paper is to analyze the significance of the ius commune in the contemporary Croatian property law system and the potential role of its rules in the Europeanization of national property law. The first part of the paper will prima facie comment on the use of ius commune rules as an indirect source of property law, particularly in the Croatian judicial practice. Subsequently, the paper explores the possibility of treating the ius commune rules as a direct source of property law in the contemporary Croatian legal system. Author concludes thet ius commune rules, according to the provisions of the Law on the Application of Legal Rules passed before April 6, 1941 (Zakon o načinu primjene pravnih propisa donesenih prije 6. travnja 1941. godine), can have the status of a source of contemporary Croatian property law. Their application is possible, as it was seen, primarily owing to the fact that ius commune was in force on 6 April 1941 as a subsidiary law on the territory of Croatia in the areas belonging to the former Hungarian legal area. The final part of the paper especially questions can a more intense application of those ius commune rules that contain principles of property law common to almost all European legal systems contribute to a further Europeanization of the contemporary national property law.

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